14
CPT: 10TH GENERAL REPORT
Mixed gender staffing
Equality of access to activities
23.
As the CPT stressed in its 9th General Report,
mixed gender staffing is an important safeguard against
ill-treatment in places of detention. The presence of
male and female staff can have a beneficial effect in
terms of both the custodial ethos and in fostering a
degree of normality in a place of detention.
25.
Women deprived of their liberty should enjoy
access to meaningful activities (work, training,
education, sport etc.) on an equal footing with their
male counterparts. As the Committee mentioned in its
last General Report, CPT delegations all too often
encounter women inmates being offered activities
which have been deemed "appropriate" for them (such
as sewing or handicrafts), whilst male prisoners are
offered training of a far more vocational nature.
Mixed gender staffing also allows for
appropriate staff deployment when carrying out gender
sensitive tasks, such as searches. In this context, the
CPT wishes again to emphasise that persons deprived
of their liberty should only be searched by staff of the
same gender and that any search which requires an
inmate to undress should be conducted out of the sight
of custodial staff of the opposite gender.
Separate accommodation for
women deprived of their liberty
24.
The duty of care which is owed by a State to
persons deprived of their liberty includes the duty to
protect them from others who may wish to cause them
harm.
The CPT has occasionally encountered
allegations of woman upon woman abuse. However,
allegations of ill-treatment of women in custody by
men (and, more particularly, of sexual harassment,
including verbal abuse with sexual connotations) arise
more frequently, in particular when a State fails to
provide separate accommodation for women deprived
of their liberty with a preponderance of female staff
supervising such accommodation.
As a matter of principle, women deprived of their
liberty should be held in accommodation which is
physically separate from that occupied by any men
being held at the same establishment. That said, some
States have begun to make arrangements for couples
(both of whom are deprived of their liberty) to be
accommodated together, and/or for some degree of
mixed gender association in prisons.
The CPT
welcomes such progressive arrangements, provided
that the prisoners involved agree to participate, and are
carefully selected and adequately supervised.
In the view of the CPT, such a discriminatory
approach can only serve to reinforce outmoded
stereotypes of the social role of women. Moreover,
depending upon the circumstances, denying women
equal access to regime activities could be qualified as
degrading treatment.
Ante natal and post natal care
26.
Every effort should be made to meet the
specific dietary needs of pregnant women prisoners,
who should be offered a high protein diet, rich in fresh
fruit and vegetables.
27.
It is axiomatic that babies should not be born
in prison, and the usual practice in Council of Europe
member States seems to be, at an appropriate moment,
to transfer pregnant women prisoners to outside
hospitals.
Nevertheless, from time to time, the CPT
encounters examples of pregnant women being
shackled or otherwise restrained to beds or other items
of furniture during gynaecological examinations and/or
delivery.
Such an approach is completely
unacceptable, and could certainly be qualified as
inhuman and degrading treatment. Other means of
meeting security needs can and should be found.
28.
Many women in prison are primary carers for
children or others, whose welfare may be adversely
affected by their imprisonment.4
4
Cf. also Recommendation 1469 (2000) of the
Parliamentary Assembly of the Council of
Europe on the subject of mothers and babies
in prison.
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